TERMS AND CONDITIONS FOR USE OF THE MAZDA eAccessory WEB SITE AGREEMENT

IMPORTANT - READ CAREFULLY: THESE TERMS OF USE (THIS "AGREEMENT") ARE A LEGAL CONTRACT BETWEEN EACH MAZDA DEALER WHO IS REGISTERED TO USE THIS SITE ("DEALER" or "US") AND EACH CUSTOMER OF ANY SUCH MAZDA DEALER WHO USES THIS WEB SITE TO ORDER ACCESSORIES FROM THE DEALER ("YOU", "YOUR" OR "CONSUMER". BY CLICKING THE "ACCEPTED ICON" ASSOCIATED WITH THIS PAGE, OR REGISTERING FOR USE OF THE SITE, WHICH WILL SERVE AS YOUR SIGNATURE, CONSUMER AGREES TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. BY ENTERING THIS SITE CONSUMER ACKNOWLEDGS AND AGREES TO ALL TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN THE UNITED STATES ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS.

You agree that Dealer is responsible for, and must provide, all telephone, computer, hardware and software equipment and services necessary to access this Site and that Dealer disclaims any representation or warranty that it will establish or maintain any such equipment or services at all or for any period of time. There are no assurances that Dealer"s equipment will be compatible with the services offered at this Site. Dealer reserves the right to deactivate or suspend use of the services of this Site at any time in its sole discretion if it is found or reasonably suspected to involve or facilitate illegal, abusive or unethical activities as Dealer may determine or define from time to time.

The term of this Agreement is for an initial term of one (1) year from the date of acceptance and thereafter shall automatically renew for renewal terms of ninety (90) days each, unless and until either party gives notice of intent not to renew at least 30 days in advance of the intended expiration date. Dealer may terminate this Agreement with or without cause and without penalty or in the event Consumer breaches any material term of this Agreement. In addition, Dealer reserves the right to discontinue the services offered hereby at any time or for any reason. You agree that the purpose of this Site is limited to ordering genuine Mazda accessories for Mazda autos from Dealer and that the Site shall not be used for any other purpose, and that Dealer disclaims any representations or warranties regarding the availability of any particular accessories or the time it takes to locate and/or ship any accessories.

DISCLAIMER: WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
USE OF THIS SITE IS PROVIDED "AS IS, WHERE IS," WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AFFILITES BE LIABLE FOR DAMAGES TO YOU FOR ANY VIRUSES, BUGS, ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, DEFICIENCY, ERROR OR INTERRRUPTION IN THE SERVICVE OR ANY ORDER OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT WE CORRECT THE MATTER, OR IF WE FAIL TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT OUR OPTION. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR OR THEIR AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE, OR WITH THE DEALAY OR INABILITY TO USE THIS WEB SITE. OR FOR ANY INFORMATION, EQUIPMENT, PRODUCT, AND SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF WE, OUR AFFILIATES, OR OUR OR THEIR AGENTS OR EMPLOYEES HAVE ADVISED OF THE POSSBILITY OF DAMAGES.

By entering in an order, on this site, you acknowledge that the credit card you are entering for payment is a current, valid and authorized credit card. You acknowledge and agree that your credit card will be charged when your order is processed.

You agree that no joint venture, partnership, employee-employer, franchise or agency relationship exists between you and us as a result of this Agreement or the use of this Web site.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings in this Agreement are for references purposes only and do not limit the scope or extent of such section. Dealer"s failure to exercise or enforce any right hereunder, with respect to a breach by you or your designated agents, shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement thereof or of any other right on any other occasion. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. Any rights not expressly granted herein are reserved. No amendment, change, waiver or discharge thereof shall be valid unless in writing and signed by the party against which such amendment, change, waiver or discharge is sought to be enforced.

Indemnification. You, at your own expense, shall defend, indemnify and hold harmless Dealer, our agents, affiliates, successors and assigns with respect to any claim or action brought against us or them arising out of or in connection with the operation, condition, or content of your web page, website, or other internet graphical or non-graphical interface; any use of internet facilities conducted or permitted by Dealer or its customers; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees or other uses or accesses.
You acknowledge that any shipped orders to the address you entered during checkout, will be shipped via UPS ground. Dealer will try but cannot guarantee that most orders will be shipped within approximately 3-5 business days of the order being placed. In some instances, if the part is on back order, it could take longer. If you need the part sooner or have any questions on the arrival time of the part, please contact us.

You acknowledge that for any Parts that are returned to us will be for store credit only.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Agreement shall continue in effect.

This Web site may contain hyperlinks to Web sites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or your use of them. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on each such Web sites or any association with their operators.

This Agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of the state or federal courts in California in all disputes arising out of or relating to the use of this Web site to the extent that any aspect or matter needs to be interpreted, conformed or adjudicated upon.

We reserve the right to revise these Terms and Conditions of Use at any time and for any reason and reserve the right to make changes at any time, without notice or obligation, to any of the information contained on this site, including but not limited to colors, specifications, accessories, models, materials or other product or service features. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.